Judge's ruling could come quickly in Deming gun case

LAS CRUCES — A federal judge could rule this week to grant a new trial for three members of a Deming gun dealing family convicted of making false statements in a firearms sting.

In August, a federal jury convicted Rick Reese, his wife Terri Reese and their son Ryin Reese of making false statements on investigation forms — all in connection to an informant and undercover federal agents posing as straw purchasers in the summer of 2011.

The jury acquitted the family on 24 of the 28 charges in the case. Another son, Remington Reese, was found not guilty on all related charges.

Since then Reese family attorneys filed a motion for a new trial, saying that federal prosecutors violated their clients' due process rights. The problem, defense attorneys contend, is that prosecutors failed to turn over evidence that could challenge the credibility of a key government witness.

That witness and three others testified an evidentiary hearing Monday in front of U.S. District Judge Robert Brack in Las Cruces.

Albuquerque attorneys Jason Bowles and Robert Gorence contended Monday that the key witness, Luna County sheriff's Deputy Alan Batts, knew he was under investigation for corruption when he assisted agents with the Reese investigation.

The issue there: That Batts, who has not been charged with any crime, could have been compelled to assist the government in hopes of leniency with any future charges he could face.

But defense attorneys spent Monday trying to show that U.

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S. attorneys knew Batts was at least the subject of an FBI investigation and didn't inform Reese defense attorneys.

Gorence said any evidence that impeached Batts' testimony would be significant because "he contradicted Terri Reese," Gorence said.

Ultimately, he said, the jury had to chose to believe Terri Reese or Batts.

Added Gorence: "This was a very big issue at trial."

A spokesperson for the U.S. Attorney's Office was not available to speak about that aspect of the hearing.

During the hearing, Richard Williams of the U.S. Attorney's Office testified about the office protocol regarding "Giglio information" - information that tends to impeach a prosecution witness, named for a Supreme Court case.

FBI agent Gary Brotan talked about the challenges of keeping private federal investigations into law enforcement corruption. Not speaking about this particular case, Brotan acknowledged that small-town police officers often find out prematurely about federal investigations involving colleagues.

Bowles said Brack wanted to issue his ruling "very quickly."

If Brack doesn't order a new trial, the Reeses could be sentenced within a month.

James Staley may be reached at 575-541-5476. Follow him on Twitter @auguststaley